Recent conference on OFCCP compliance, hosted by America’s Job Exchange (AJE), in Waltham, Massachusetts, was a huge success and critical compliance related information and strategies were shared by industry leading speakers. One such speaker was Misty Glorioso, Senior Consultant, Berkshire Associates Inc.
Berkshire Associates Inc. is a leading human resource consulting and technology firm specializing in affirmative action, applicant management, compensation management, diversity and professional training. Its senior consultant Misty Glorioso, spoke on understanding the applicant management obligations of federal contractors at the Waltham conference. The three main considerations of such employers are:
~ What is an Internet applicant?
~ How to examine strategies to create a compliant applicant process?
~ How to analyze data to see if adverse impact exists?
An Internet applicant refers to the applicant that has used an electronic expression of interest, is considered by contractors for a position, possesses basic qualifications for the job and does not withdraw prior to an offer being made. However, in case a candidate leaves a job open, at least two calls have to be made and documented by the employer to verify interest.
The OFCCP demands strict applicant data management and Misty outlined the strategies. She emphasized that each company should choose a data management technique that works for them. It could be random sampling, use of a cut off date or numerical limit (maybe the first 100). Records should be retained through electronic data technologies and retained for 3 years. Misty reiterated the importance of creating a compliance system that addresses EEO and solicited vs. unsolicited resumes. She advised companies to identify their data management system proactively. Companies should outline a prescribed process of submission, know when to solicit for race and gender, have a policy to handle internal candidates and make full utilization of search firms and third parties. The applicant process should be well developed and systematic. She suggested use of requisition numbers and establishing meaningful disposition codes, so as to determine the stage where applicants are filtered out. For documentation, all applications must be routed through an electronic avenue and it is crucial for all processes and procedures to be documented. A reliable tracking tool is recommended and everyone in the company is to be trained on company policies. Companies also need to self audit periodically.
All job postings should have the job title and requisition number, location, job duties and responsibilities, basic qualifications needed, clear instructions as to how to apply, making sure such a posting is accessible to applicants with disabilities. Clear equal employment language should be visible. Jobs should be posted on sites like AJE, one-stop Centers, state Employment Agencies making sure to maintain posting documentation.
Understanding adverse effects in this process is crucial. Misty reminded that adverse impact analysis should be applied at every stage of the selection process.
She ended by saying that the applicant management process should be automated. Applicants should have the ability to log in and store data. OFCCP compliant application data should be readily available and selection info at every stage of the process should also be easily accessible.
To read the whole presentation click here